Sears v. Starbird
California Supreme Court
Appear from a judgment of the Superior Court of Tuolumne County, and from an order refusing a new trial. After the service of the summons in this action, the defendant, specially appearing for that purpose, moved the court to vacate and set aside the service of the summons, on the ground that it did not conform to the requirements of section 407 of the Code of Civil Procedure.
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Appear from a judgment of the Superior Court of Tuolumne County, and from an order refusing a new trial. After the service of the summons in this action, the defendant, specially appearing for that purpose, moved the court to vacate and set aside the service of the summons, on the ground that it did not conform to the requirements of section 407 of the Code of Civil Procedure. The alleged defect in the summons consisted in its failure to contain a statement of the amount demanded in the complaint. The court denied the motion, to which ruling the defendant excepted, and afterwards answered.…
1Opinion of the CourtPaterson, J.
In the month of April, 1878, the plaintiffs and defendant entered into an agreement to construct and maintain a toll road and bridge known as the “Ward’s Ferry road and bridge,” in the county of Tuolumne. The parties agreed that in the construction of the road and bridge each was to pay in such sums as lie might be able to pay, and that neither of them was to have, as against the other, any claim for any sum invested by him over the amount invested by the other; that after the completion of the road and bridge they should settle their accounts and ascertain how much each one had invested;…
2Cases cited3 opinions
- Whetstone v. ShawSupreme Court of Missouri · 1879
- Brown v. AgnewSupreme Court of Pennsylvania · 1843
- Desmond v. Superior CourtCalifornia Supreme Court · 1881
3Cited by19 opinions
- Foreman & Clark Corp. v. FallonCalifornia Supreme Court · 1971
- Crouse v. Brobeck, Phleger & HarrisonCalifornia Court of Appeal · 1998
- Island v. Fireman's Fund Indemnity Co.California Supreme Court · 1947
- Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
- Furlow Pressed Brick Co. v. Balboa Land & Water Co.California Supreme Court · 1921
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